makemygc
06-14 11:20 AM
Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
SunnySurya
07-28 02:52 PM
I am also confused now!
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
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pointlesswait
03-31 11:30 PM
Dude,
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
priya9178
01-09 11:19 AM
Iam on H4 and my visa expired on oct 31 '06 , I have applied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets with delta, from US to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling via France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
3. Can I travel with an expired H4 visa ?
Please Help ???
I have to visit India this month end and have booked my tickets with delta, from US to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling via France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
3. Can I travel with an expired H4 visa ?
Please Help ???
more...
Sakthisagar
05-19 10:40 AM
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
krishjack
03-25 12:56 PM
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
more...
mansi
08-10 09:51 PM
Dude,
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
Hello everybody,
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
Hello everybody,
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
go_guy123
09-16 04:35 PM
I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
more...
Misha79
04-01 10:05 AM
Hi all
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
thesparky007
05-24 08:24 PM
has this been uploaded yet?
more...
leo4ever
02-16 10:33 AM
Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.
Always "united we Stand" - hum hai Hindustani.
-Leo
Always "united we Stand" - hum hai Hindustani.
-Leo
anilsal
01-26 12:30 AM
Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
Vivek, suggestions are always welcome. But we get more folks suggesting than those that actively do something for IV's cause.
I am wondering if you would want to contact these journalists as an IV member. If you want more information or any other details, PM me your email address and phone number and we can co-ordinate off line.
The immediate need of the hour is the administrative fixes campaign success.
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
Vivek, suggestions are always welcome. But we get more folks suggesting than those that actively do something for IV's cause.
I am wondering if you would want to contact these journalists as an IV member. If you want more information or any other details, PM me your email address and phone number and we can co-ordinate off line.
The immediate need of the hour is the administrative fixes campaign success.
more...
tcsonly
12-12 06:55 PM
USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.
Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.
I didn't know CIS became so customer oriented all of a sudden.
Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.
I didn't know CIS became so customer oriented all of a sudden.
TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
more...
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
njboy
09-07 10:57 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
by saying this, you are belittling the people who do call center jobs in india.
speaking without a thick indian accent can be great for your career..because, while communication skills may not be important to be a programmer, it does get important when you are speaking in a meeting, or giving a presentation .
having said that, i would ask the admins to delete this thread. This is just advertising. Im sure all of us can google ways to improve our communication skills/improve english/speak in american accent or whatever it is we want to do.
by saying this, you are belittling the people who do call center jobs in india.
speaking without a thick indian accent can be great for your career..because, while communication skills may not be important to be a programmer, it does get important when you are speaking in a meeting, or giving a presentation .
having said that, i would ask the admins to delete this thread. This is just advertising. Im sure all of us can google ways to improve our communication skills/improve english/speak in american accent or whatever it is we want to do.
more...
kmk2002
09-27 01:11 PM
Never recvd my FP notice. I took lawyer's copy (original) and FP was scheduled the same time/location as my wife. Our kid was not happy being there (crying) so they did our FP's on a priority.
SL%%
08-26 12:12 AM
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
fatjoe,
I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.
fatjoe,
I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.
IN2US
03-05 06:37 PM
did anybody successfully accomplished revoking existing G-28 by company's attorney and self represented the pending I-485?? if so can you please post the details on letter format, whom to address the letter etc...
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
kasanski33
02-23 08:44 PM
I will be there
Saralayar
12-12 05:18 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)
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